Assoc. Prof. Margarita Zlatareva

 

 

The article analyses the changes regarding the rules on enforcement of judgements in civil matters according to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. A special focus is put on the interpretation of the amended provisions in chapter 57 of the Bulgarian Civil Procedures Code which purpose is to facilitate the application of the regulation.

The article is structured as follows: firstly, the author gives an overview of the procedure for the recognition of judgement under Regulation (EU) No 1215/2012 comparing with the preceding framework under Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. The second part is consecrated to some aspect of the execution of the judgement while the third part is dedicated to the condition on which the person against whom enforcement is sought to seek refusal of enforcement.

The author concludes that the adoption of Regulation (EU) No 1215/2012 is a considerable step towards the accomplishment of the Stockholm Programme of the European Union. The adoption of national legislative measure with the purposes of clarifying the application of this regulation, however, should be done in light of the aim of the regulation, which is to facilitate the free movement of judgement in the European Union, and not in accordance to a formalistic interpretation of it provisions.

 

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Link to the article in Bulgarian language: Свободното движение на съдебните решения на територията на ЕС според регламент (ЕС) № 1215/2012 – спорни изменения в ГПК

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